Miller v Gardiner & Anor

Miller v Gardiner & Anor

Mr Miller's claims are fatally flawed, lack proper particulars, are barred by issue estoppel, res judicata, and judicial proceedings immunity, and have no real prospect of success. He has persistently issued claims totally without merit, justifying an extended civil restraint order.

Parties
Claimant: Lawrence Miller; Defendant: Patrick J Gardiner; Defendant: Janie Hendrix; Defendant: Richard M Little; Defendant: Claire Blanchard QC
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Civil / Application for Strike Out/summary Judgment and Civil Restraint Order
Outcome
Claims struck out; extended civil restraint order granted against Mr Miller.
Legal Topics
Summary Judgment, Strike Out, Civil Restraint Order, Res Judicata, Judicial Immunity, Performers' Rights, Copyright, Fraudulent Misrepresentation
Civil Procedure Intellectual Property Fraud Summary Judgment Strike Out Civil Restraint Order Res Judicata Judicial Immunity +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lawrence Miller

Claimant

Patrick J Gardiner

Defendant

Janie Hendrix

Defendant

Richard M Little

Defendant

Claire Blanchard QC

Defendant

Procedural Posture

Civil / Application for Strike Out/summary Judgment and Civil Restraint Order

Legal Issues

  1. 1 Whether the claims by Mr Miller should be struck out or summary judgment granted for the defendants
  2. 2 Whether an extended civil restraint order should be made against Mr Miller
  3. 3 Whether the defendants committed fraud by relying on allegedly fabricated evidence

Ratio Decidendi

Mr Miller's claims are fatally flawed, lack proper particulars, are barred by issue estoppel, res judicata, and judicial proceedings immunity, and have no real prospect of success. He has persistently issued claims totally without merit, justifying an extended civil restraint order.

Court Disposition

Claims struck out; extended civil restraint order granted against Mr Miller.

Orders

  • Claims 122 and 123 struck out as totally without merit.
  • Extended civil restraint order (ECRO) made against Mr Miller for two years.